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History <br />A civil penalty for history would not be appropriate as there have <br />been no NOV's issued to this mine during the past year. A $0.00 <br />civil penalty is appropriate. <br />Seriousness <br />I concur that the violation was administrative and that the $250.00 <br />civil penalty is appropriate. The rules simply were not being <br />followed for storage and maintenance of records. <br />Fault <br />I do not concur that the violation was a mid level negligence. <br />Record keeping was discussed in October but not completely <br />resolved. I place the violation at a low level giving benefit of <br />the doubt to the operator in that the operator may have needed <br />additional communication and direction from the Division. I do not <br />.believe that the operator was entirely without fault. The record <br />keeping requirements have been in existence for a very long time <br />and these requirements should have been adhered to. <br />Good Faith <br />No good faith is warranted. <br />Settlement Agreement Penalty <br />History $ 0.00 <br />Seriousness (Administrative) $ 250.00 <br />Fault (Negligence) $ 250.00 <br />Good Faith $ 0.00 <br />Number of Days Penalty Assessed 1 <br />Total Penalty for NOV C-96-021 $ 500.00 <br />James B. McArdle <br />Conference Officer <br />